| Matter of Shimiel v County of Rockland |
| Motion No: 2016-04074 |
| Slip Opinion No: 2016 NY Slip Op 78436(U) |
| Decided on June 30, 2016 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M214056
E/ct
RANDALL T. ENG, P.J.
SANDRA L. SGROI
JOSEPH J. MALTESE
COLLEEN D. DUFFY, JJ.
|
2016-04074 In the Matter of Khal Bais Shimiel, petitioner- respondent, v County of Rockland, et al., respondents-respondents, Lawrence Holland, et al., appellants. (Index No. 2186/15)
| DECISION & ORDER ON MOTION |
Motion by the petitioner-respondent to dismiss an appeal from a judgment of the Supreme Court, Rockland County, dated March 10, 2016, on the ground that no appeal lies from a judgment entered upon the default of an appealing party. Application by the appellants to withdraw the appeal.
Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is deemed withdrawn; and it is further,
ORDERED that the motion is denied as academic.
ENG, P.J., SGROI, MALTESE and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court